12/18/1979 - City Council Regular
00327
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
DECEMBER 18, 1979
A regular meeting of the Eagan City Council was held
on December 18, 1979, at 6:30 p.m. at the Eagan City Hall. Those
members present were: Mayor Murphy, Councilmembers Parranto, Wach-
ter, Smith and Egan. Also present were City Administrator Hedges,
City Public Works Director Colbert, City Engineer Rosene, and City
Attorney Hauge.
AGENDA
After the pledge of allegiance, Egan moved and Wachter
seconded the motion to approve the agenda. All members voted yes.
MAYOR MURPHY RECOGNITION
Councilman Wachter made the presentation of a plaque
from the City Council to Leo Murphy who is the outgoing mayor of
the City and thanked him for the years of service on the Planning
Commission and Council on behalf of the Eagan City Council.
MINUTES
Wachter moved and Egan seconded the motion to approve
the minutes of the regular meeting of December 4, 1979. All members
voted in favor.
FIRE RELIEF ASSOCIATION
There was discussion amongst the Councilmen concerning
the request of the Fire Relief Association that Marquette National
Bank be authorized to act as the investment and administration
counselor for the Relief Association funds. Research will take
place concerning the authority of the Council to delegate the admi-
nistration responsibilities to a third party.
POLICE DEPARTMENT
1. Dispatcher Replacement. Mr. DesLauriers recommended
that Lois Morrison be hired as tull-time dispatcher effective Decem-
ber 20, 1979, and Karen Fortman be hired as part-time dispatcher
effective December 7, 1979. Murphy moved and Parranto seconded
the motion to approve the recommendation. All members voted yes.
2. Part-time Police Officer. Mr. DesLauriers then recom-
mended that Lori Tripp be hired by the Council as a part-time
police officer effective January 1, 1980. Wachter moved and Smith
seconded the motion to approve the recommendation of the Police
Chief. All members voted in favor.
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City Council Minutes
December 18, 1979
Page Two
3. Police Investigator. Recommendation was then made
that the Council authorize the-Police Department to commence the
process to hire a police investigator. Parranto moved and Wachter
seconded the motion to approve the request. All members voted
in favor.
4. Suburban Police Recruitment System. The Council
reviewed material relating to the newly formed Suburban Police
Recruitment System whereby cities in the suburbs could join the
system on a Joint Powers cooperative basis to develop valid non-
discriminatory selection standards and procedures for entry level
police positions. The cost would be $10 per sworn police officer
per year plus $600 for each police officer hired through the system.
After discussion, Smith moved and Parranto seconded the motion
to join the association and to execute the necessary agreement
effective February 1, 1980. All members voted yes.
R 79-98
D 79-163
PARK DEPARTMENT
Park Director Barb Schmidt appeared.
1. Warming House Attendants. A list of warming house
attendants submitted by Recreation Program Director Dorothy Peterson
dated December 14, 1979, was submitted for approval. It was noted
that there were no applicants for Highview Park. Smith moved and
Wachter seconded the motion to approve the attendants. All members
voted yes.
D 79-164
2. Highline Trail Right-of-Way. A schedule of Proposed
Uses by Segment for Entire Right-of-Way of the Highline Trail from
Lexington Avenue to Nicols Road was submitted by the Park Director
which had been approved by the Park Committee. After discussion
concerning the recommendations for uses and the uses not recom-
mended, the Council determined no action will be taken at the pre-
sent time.
3. Diseased Tree Removal. A report dated December 13,
1979, from the Park Director Ii-sting the diseased Elm and Oak Trees
marked for removal in 1979 by the Park Department according to
State law 4as submitted and reviewed. Mrs. Schmidt recommended
approval. Wachter moved and Egan seconded the motion, all members
voted in favor to accept the list of diseased trees as presented
and requested the Park Department 'Co take additional measures to
insure compliance. All members voted in favor.
D 79-165
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City Council Minutes
December 18, 1979
Page Three
4. Wedgewood Addition Park Contribution. Park Director
Schmidt reported concerning the proposed park e ication for Wedge-
wood Addition as approved by the Park Committee. It was noted
that Dunn and Curry, the developers, had agreed with the proposals
which involved some revisions to the original Planned Unit Develop-
ment proposals including the $10,000 cash contribution for trail
construction. There was concern by the Park Committee that the
funds not be used within five years from the date that the East
side of the lake is platted and reversion of the funds back to
the developer at that time. The Park Director was to do additional
negotiation concerning the proposal.
5. Rahn Park Expansion. Barbara Schmidt then discussed
with the Council the proposed acquisition of an additional twenty
acres from St. Paul Companies to be included with the St. Paul
Companies - Zachman Homes PUD Agreement at Cliff and Nicols Roads
It was proposed that the City be given one year to determine whether
to acquire the 20 acres either through Lawcon funding or City
funding. No action was taken.
BLACKHAWK LAKE STORM WATER PONDING
Several neighboring residents on Blackhawk Lake including
Dave Johnson and George Bohlig were present with concerns about
the rising lake level of Blackhawk Lake. Bob Rosene submitted
two letters to the Council for discussion including a proposal
dated December 17th for the installation of 600 feet of plastic
discharge line and temporary pump from the pond near Blackhawk
Road with discharge over Blackhawk Road to Robin Lane on the West
side of the road. There was discussion concerning the proposed
public hearing for storm water outlet from Blackhawk Lake and also
the need to set the normal high water level. There was discussion
concerning acquiring consent from Mr. Cy Barry to run the discharge
line across his property. Smith moved and Egan seconded the motion
to authorize the installation of the temporary lift station inclu-
ding the plastic discharge line and to direct the City Engineer
to prepare a feasibility study for the outlet for water level con-
trol. Parranto then moved to amend the motion to require that
the pump not be turned on until authorized by the City Council.
Smith seconded the motion. Those in favor of the amendment were:
Parranto, Murphy, Smith and Egan. Against: Wachter.
On the main motion, those in favor were: Parranto, Mur-
phy, Smith and Egan. Against: Wachter. Councilman Wachter stated
that he felt that there had been no damage to the Blackhawk Lake
area due to the increased water capacity in the area around Black-
hawk Lake because of the normal fluctuating water levels in the
lake.
City Council Minutes
December 18, 1979
Page Four
HERREGAN DISTRIBUTORS
The staff recommended approval of the final resolution
for Herregan Distributors. Wachter moved and Egan seconded the
motion to approve the final resolution and to authorize the execu-
tion of all necessary documents implementing the industrial revenue
bonds for $1,050,000.00 for Herregan Distributors. All members
voted in favor except Parranto who abstained.
SEE BOND FILE
ROSEMOUNT, INC., INDUSTRIAL REVENUE MORTGAGE
Mayor Murphy convened the public hearing regarding the
application of Rosemount, Inc., for industrial revenue mortgage
in the amount of $2,130,000 for the acquisition of a building on
1256 Trapp Road to relocate and allow Rosemount, Inc., to expand
in the City of Eagan. Finance Committee Chairman Parranto reported
for the Finance Committee and expressed the reservations of the
Committee regarding this being the first proposal for use of indus-
trial revenue financing for remodeling an existing building and
requested whether there would be an increase in tax base immediately
should the I.R. bonds be authorized. Representatives of Rosemount,
Inc., were present and discussed the application indicating that
Emerson Electric is the parent company and that the acquisition
would include 60,000 square feet with a 40,000 square foot addition.
The representatives indicated that the mortgage would not be pur-
chased by the parent company and they anticipated that there would
be 150 to 250 new employees in the plant with 150 additional with
the proposed expansion. There was also a question whether the
40,000 square foot addition would comply with the applicable ordi-
nances. Wachter moved to close the public hearing and to approve
the preliminary resolution for the issuance of $2,130,000 of indus-
trial revenue mortgage financing with Murphy seconding the motion
noting the following:
1. That the approval of a financing resolution for existing
construction would be done on a case to case basis.
2. That in this case, the building has been under utilized
for several years and it would then be utilized to its fullest
extent.
3. That a large number of new jobs would be created by the
purchase of the building by Rosemount, Inc.
4. That Rosemount, Inc., has a good reputation as a manu-
facturer and a substantial growth record.
,1?ik 6J wM rl,..Er
City Council Minutes
December 18, 1979
Page Five
5. That it would be anticipated that Rosemount, Inc., will
expand in the City of Eagan in the future.
All members voted in favor.
SEE BOND FILE
PROJECT #266 - RAHN ADDITION
Mayor Murphy convened the next public hearing regarding
Project #266 concerning utilities and street improvements to the
Rahn Addition on Blackhawk Road. City Engineer Rosene explained
the project. Smith moved and Wachter seconded the motion to close
the hearing, to order in the project and to authorize the City
Engineer to prepare the plans and specifications. All members
voted in favor except Parranto who abstained.
PROJECT #287 - EDEN ADDITION UTILITIES AND STREET IMPROVEMENTS
The next pubic hearing convened by Mayor Murphy was Pro-
ject #287 consisting of utilities and street improvements for Eden
Addition. There were no objections. After review, Parranto moved
and Smith seconded the motion to close the hearing, to order the
project in and to request the City Engineer to prepare the plans
and specifications. All members voted yes.
PROJECT #289 - EAGAN METRO CENTER SECOND ADDITION
Mayor Murphy then convened the public hearing for Project
#289 which provides for storm sewer for the Silver Bell condominiums
in Eagan Metro Center Second Addition along Silver Bell Road.
There was discussion concerning the benefit to the Utrecht property
and for proposed future area trunk assessments for that property.
It was noted that the immediate benefit did not appear to be present
and Eagan moved and Wachter seconded the motion to close the
hearing, to order the project in and to request the City Engineer
to prepare the plans and specifications. All members voted yes.
PROJECT #290 - ECON LABORATORIES
The Mayor then convened the public hearing regarding
the application of Econ Laboratories for installation of water
main consisting of Project #290. It was noted that the project
would loop the water system serving the Econ Lab facility on Lone
Oak Road. Wachter moved and Parranto seconded the motion to close
the public hearing, to order in the project and to request the
Engineer to prepare the plans and specifications. All members
voted in favor.
City Council Minutes
December 18, 1979
Page Six
LEIBEL ADDITION REZONING AND PRELIMINARY PLAT
Mr. Al Bahrani appeared on behalf of the application
of Gordon and Doris Leibel to rezone from A, Agicultural, to LB,
Limited Business, and preliminary plat approval of Leibel Addition
at 3815 Beau D'Rue Drive. The APC recommended approval of the
rezoning on November 27th and the plat on December 11, 1979. There
was a request to review the parking plan for the property and pro-
visions for parking and for easements for Gold Trail and Beau D'Rue
Drive. After discussion, Smith moved and Egan seconded the motion
to continue the consideration until the next regular meeting to
acquire additional information regarding the proposed parking lot
in the plat. All members voted in favor.
RECIE'S SAMPLE SHOP PYLON SIGN
An application was received from Recie's Sample Shop
near the Seneca Building on Highway #13. It was noted that the
present sign standard would not accommodate an additional sign
and Mr. Runkle's report of December 12th was reviewed. Smith moved
and Parranto seconded the motion to approve the conditional use
permit for the proposed pylon sign because of the above facts.
All members voted in favor.
FEDERAL REVENUE SHARING FUNDS HEARING
The public hearing concerning the designation of federal
revenue sharing funds for the 1980 entitlement was next convened.
It was expected that enough money in the 12th entitlement will
be available to retire the City debt on the new Police Department
facility with about $25,000 to $30,000 remaining for application
toward the debt the general fund owes the public enterprise fund
for the acquisition of the Orr property. Parranto moved and Wachter
seconded the motion to close the hearing and to designate the funds
as provided above. All members voted in favor. It was noted that
there were no objections to the proposal.
SAFARI ESTATES - IMPROVEMENT PROJECT #79-17
It was noted that the Public Works Director reviewed
with the Council the progress concerning the completion of the
final plat requirements for Safari Estates including the award
of bids for Improvement Project #79-17 in the addition. Paul Hauge
stated that the Water Reservoir Agreement had now been signed by
the developer and owner as proposed by the City and recommended
approval of the agreement. He also noted that a fifth potential
site in Apple Valley is now being considered and could be acquired
for the reservoir at no cost from the developer in the event of
the purchase by Mr. Watschke for subdivision purposes. Wachter
moved and Murphy seconded the motion to approve the low bid for
,fin
City Council Minutes
December 18, 1979
Page Seven
utility improvements for Safari Estates consisting of Improvement
#79-17 of Austin P. Keller Construction Company in the amount of
$791,400.00, subject, however, to the completion of all final plat
requirements imposed by the City Council and by ordinance and for
further submission of all necessary letters of credit to the City
for approval prior to the actual award of the contract to the low
bidder. All members voted in favor.
OFF-SALE LIQUOR POLICY
A request had been made by Mr. and Mrs. Mark McCrea for
designation of an off-sale liquor license location in the South
central region in the area of Cliff Road as the third off-sale
liquor license area of availability. After discussion, Smith moved
and Egan seconded the motion to authorize the third central location
for an off-sale liquor license to be an amendment to the off-sale
liquor policy. All members voted in favor except Wachter who voted
no.
CONDITIONAL USE PERMIT RENEWALS
The City Administrator submitted an application for condi-
ditional use permit renewals for 1980 including the following:
1. John Bushnell - temporary building. Wachter moved and
Eagan seconded the motion to approve. All members voted yes.
2. Papa's Inc. - Juke Box in Cedarvale. Noting that there
were some comments from the Police Department regarding the opera-
tion of the premises, Smith moved and Parranto seconded the motion
to continue the matter until January 2, 1980. All members voted
yes except Murphy who voted no.
3. Linda Smith - Kiddy Corral - 4028 Rahn Road Day Care
Center. Parranto moved and Smith seconded the motion to approve
the permit. All members voted yes.
D 79-166
DEVELOPMENT BOND REDUCTIONS
The following development bond reductions were recommended
by the City Engineer and Public Works Director Colbert:
PRESENT BOND PROPOSED BOND
1. Pilot Knob Heights 4th Addition $ 4,250.00 $ 2,750.00
2. Wilderness Park $11,725.00 $ 1,500.00
3. Wilderness Park 2nd Addition $18,000.00 $14,150.00
4. Wilderness Park 6th Addition $27,957.00 $17,775.00
OUX.
City Council Minutes
December 18, 1979
Page Eight
Egan moved and Murphy seconded the motion to approve the proposed
bond reductions. All members voted in favor.
1980 LICENSE RENEWALS
Mr. Hedges submitted a list of license renewals applica-
tions covering miscellaneous licenses in the City and recommended
approval. Wachter moved and Egan seconded the motion to approve
the applications according to the list, a copy of which is attached
to these minutes. All members voted yes.
D 79-167
1980 FEE SCHEDULES
A report from the City Engineer covering a detailed
schedule of benefits and user charges for the City of Eagan dated
December 6, 1979, covering proposed 1980 fee schedule revisions
was discussed by the Council members. There was considerable dis-
cussion concerning the proposed increase from $75 to $185 per road
unit charge and the need to relate these charges to the specific
road expenditures. Further study was requested.
FEASIBILITY REPORTS
The City Engineer submitted the following feasibility
reports for approval. Smith moved and Wachter seconded the motion
to approve the reports and to set public hearings at the regular
City Council meetings at the Eagan City Hall at 7 p.m. as follows:
1. Project #291 - February 5, 1980
2. Project #293 - January 15, 1980
3. Project #294 - January 15, 1980
4. Project #295 - February 5, 1980
All members voted in favor.
PROJECT #293 - WINDCREST ADDITION FEASIBILITY REPORT
A number of affected area residents were present con-
cerning the feasibility report prepared by the City Engineer for
Windcrest Addition and the City Administrator indicated that the
report has now been submitted and public hearing would be held
on January 15th. It was noted that the Council cannot formally
hear or act upon the proposal because the proper notices had not
been distributed. Copies of the report, though, were distributed
to several interested people present. Also James Hill appeared
on behalf of the developer of Windcrest Addition.
City Council Minutes
December 18, 1979
Page Nine
WINE LICENSE PERMIT FEE
Council members discussed the proposed reduction in the
annual license fee for wine permits noting that a $500 fee appeared
'Co be excessive for the intended purpose of wine licenses. Smith
moved and Parranto seconded the motion to approve the reduction
of the fee to $200 effective January 1, 1980. All members voted
in favor except Wachter who voted no.
POSITION DESCRIPTION GUIDELINE
The Personnel Committee met on several occasions to review
a position description study performed by the office of the City
Administrator outlining written job descriptions. There was discus-
sion concerning specific descriptions and it was noted that the
proposal was for guideline purposed only. Egan moved and Wachter
seconded the motion to adopt the Personnel Committee's recommenda-
tion for Position Description for guideline purposes only including
the revisions discussed. All members voted in favor.
D 79-168
IMPROVEMENT PROJECT #80-1 - EDEN ADDITION PLANS
The plans and specifications for Improvement Project
#80-1 for the utilities and streets in Eden Addition were submitted
by the City Engineer. Smith moved and Parranto seconded the motion
to accept the plans and specifications and to authorize the City
Clerk to advertise for bids for the project. All members voted
in favor.
IMPROVEMENT CONTRACTS
City Attorney Hauge submitted three contracts for approval
covering improvements within the City and recommended approval:
1. Project #283 - Johnny Cake Ridge Addition - Econ Utili-
ties, Inc.
2. Improvement Project #79-24 - Cedar Avenue replacements
- Parrott Construction
3. Improvement Project #79-21 - Lakeside Estates area -
McNamara-Vivant Contracting Company.
Smith moved and Wachter seconded the motion to approve the contracts
and to authorize their execution. All members voted yes.
nno
ILF
City Council Minutes
December 18, 1979
Page Ten
DODD ROAD - LEXINGTON SOUTH PROPERTY
The City Attorney submitted a request by letter from
Dunn and Curry Real Estate Management, Inc., dated December 7th
requesting the City Council to reconsider its decision of October
16, 1979, for the payment of $5,000 for 12 acres of land acquired
on the east side of new Dodd Road due to the alignment readjustment.
It was noted that $5,000 was authorized for fee title and the de-
veloper indicated that he intended it for severance damages only.
After discussion, Smith moved and Wachter seconded the motion to
increase the payment to $6,000. All members voted in favor.
TEXACO - SINCLAIR STATION
Mr. Hedges indicated that Sinclair Oil intends to reopen
the former Texaco Station at Cedar Avenue and Highway #13 and re-
quested authority to park two semi-trucks after hours in the outside
service bays. No action was taken concerning the request.
DECEMBER 27, 1979, SPECIAL COUNCIL MEETING
It was noted that a special Council meeting has been
scheduled for December 27, 1979, at 7 p.m. at the Eagan City Hall,
to discuss various issues including the City budget for 1980, wage
negotiations, etc. Egan moved and Smith seconded the motion to
authorize the special meeting. All members voted yes.
NORTHVIEW PARK CONTRACT
The final payment of $26,904.56 to Richard Knutson on
the Northview Park improvement contract was recommended for approval
by Mr. Colbert. Parranto moved and Wachter seconded the motion
to approve the payment. All members voted in favor.
IMPROVEMENT PROJECT #79-18 - CHANGE ORDER #1
Mr. Colbert recommended approval to Change Order #1 to
Improvement Project #79-18 - Lake Park and Brittany Addition in
the sum of $4,445. Wachter moved and Egan seconded the motion
to approve the change order. All members voted in favor except
Parranto who abstained.
KENNETH LEHMAN EXCAVATION PERMIT
A request from Mr. Kenneth Lehman at 1380 Deerwood Drive
for grading and excavation permit was discussed. Egan moved and
Wachter seconded the motion to approve subject to ordinance com-
pliance. All members voted in favor.
77
City Council Minutes
December 18, 1979
Page Eleven
HIGHWAY #13 FLY ASH PROJECT
Mr. Colbert reported concerning the continued hauling
of fly ash from the Northern States Power Blackdog Plant to the
Highway #13 construction site by Ames Construction Company. It
was noted that the origianl permit was for night hauling for the
months of July through September. Ames Construction indicated
that hauling has only taken place during the day and did not think
that a permit was necessary. After considerable discussion con-
cerning the nature of the hauling process and the alleged nuisance
being created, Parranto moved and Smith seconded the motion to
revoke any permits granted Ames Construction for hauling fly ash
in Eagan and to authorize the Police Department to issue violation
tags to any vehicles hauling fly ash until the operation is properly
patrolled and not creating a nuisance or hazard in the general
area to the satisfaction of the City staff. All members voted
in favor.
PROJECT #236A - CHANGE ORDER #2 - EAGAN HILLS WEST WATER PROJECT
Recommendation of the Change Order in the sum of
$27,471.50 for the installation of utilities on Beaver Dam Road
was next recommended. Egan moved and Wachter seconded the motion
to approve the Change Order. All members voted in favor.
LONE OAK ROAD SPEED STUDY
A report from the Minnesota Department of Transportation
District Traffic Engineer, Mark Wikelius, that the temporary study
for the experimental speed limit of 30 m.p.h. will now be abandoned
and 40 m.p.h. will be resumed between Highway #13 and County Road
#31 on Lone Oak Road. Mr. Wikelius indicated that a reduction
in the speed limit did not solve the speed problem and the Admi-
nistrator was directed to send a letter to the affected residents
notifying them about the revision to 40 m.p.h. limit.
METROPOLITAN TRANSIT COMMISSION BUS STOPS
A response from the Metropolitan Transit Commission to
the Council's request concerning bus stop locations and average
passenger loading was discussed by the Council. The MTC recommended
certain locations and the Council approved the location of bus
shelters as follows:
1. Valley View Apartments on Rahn Road
2. County Road #30 and Rahn Road
3. Easy Street Apartments
4. Revision to the Silver Bell and Blackhawk intersection
from the Univac loop.
There was also a suggestion that additional park and ride locations
be established.
003 18
City Council Minutes
December 18, 1979
Page Twelve
BEACON HILLS ADDITION
A request from Dunn and Curry that the utility improve-
ments installed by the developer for the model homes in Beacon
Hills Addition be taken over by the City and assessed to the benefit
of the property owners. Noting that the utilities have not been
installed pursuant to Chapter 429, the Special Improvement Project
Chapter, the Council indicated that it could not take action and
could not assess the improvements.
TESKE BUILDING INSPECTION REPORT
A report from the City Building Inspector and the Minne-
sota Building Division concerning alleged defects in construction
of the Teske property in River Hills 9th Addition were discussed.
It was noted that three violations were detected after the in-
spection. No action was taken in that the Teskes currently have
a legal action against the builder of the house.
HILLCREST DEVELOPMENT - MARI ACRES
Councilman Parranto reviewed the action of the Council
at its last regular meeting concerning the application of Hillcrest
Development Company for preliminary plat approval of Mari Acres
on Nicols Road. Mr. Parranto indicated that he had now reviewd
the request and the concerns of the Council that the entire com-
munity shopping center area plan be submitted befor approval of
any building permit. Parranto moved to reconsider the motion of
December 4, 1979, concerning the application for preliminary plat
approval and Murphy seconded the motion. Councilman Smith spoke
against the reconsideration indicating that the ordinance requires
for preliminary plat approval a minimum of 20,000 square foot first
building in the C.S.C. area and that the entire plan for the area
be submitted at the time of approval of the first building permit.
Those in favor of the motion to reconsider were Parranto, Wachter
and Murphy; those against were Smith and Egan. Parranto then moved
to approve the preliminary plat application of Mari Acres subject
to the same conditions imposed by the City Council on December
4th with the exception that the developer need submit a plan for
each lot only as the development takes place rather than a plan
for the entire subdivision with a plan for that specific lot to
be submitted before a building permit is granted on that lot,
further subject, however, to the dedication to the City of the
ponding area as proposed by the City staff. Murphy seconded the
motion. Those in favor were: Murphy, Parranto and Wachter.
Against: Egan and Smith.
D 79-169
00333
City Council Minutes
December 18, 1979
Page Thirteen
VOUCHERS
Wachter moved and Egan seconded the motion to approve
the following vouchers: 870-910, 9351-9426; 13994-14157. All
members voted in favor.
ADJOURNMENT
Upon motion duly made and seconded, the meeting adjourned
at 12:35 p.m. All members voted in favor.
DATED: December 18, 1979 PHH
City Clerk
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1980 LICENSE RENEWALS
LICENSE
Cigarette
Gravel Pit
Heating, Ventilating,Refrigeration
Plumbing
Rubbish Haulers
Vending Machine
Water Softener
Well Drillers
NUMBER
48
3
73
63
11
25
4
7
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Council Approval Date